Cop-smuggled firearms — class action lawsuit takes aim at SAPS

Irshaad Laher. Photo: Gallo Images

By Vincent Cruywagen

20 Oct 2024

The lawsuit offers hope for families of those wounded and murdered by these guns.

On Sunday, 13 October, 10 years after 71-year-old Manenberg mother Shamiela Eksteen was shot dead, friends and family members held a dhikr (remembrance prayer service) at her home.

Her one son, Mansoer, was shot five times but, incredibly, survived. That day, Mansoer’s brother, Luftie, was not home because he was brokering a peace deal between gangs.

The recitation of the Holy Qur’an and prayers by a Maulana (religious leader) during the prayer meeting for Shamiela provided a measure of solace.

10 years later, no one has been arrested or charged in connection with the shooting.

Her younger son, Luftie, was a member of the Anti-Gang Unit (AGU) at the time of the murder on 13 October 2014. He was part of the team investigating large numbers of firearms that were supposed to be destroyed but ended up in the hands of Western Cape gangs. Luftie (49) is now deployed elsewhere in the police service.

At the prayer service, the women, wearing their salaah (prayer) tops, sat at the tables and the men removed their shoes and performed salaah on the prayer carpet.

Recalling the harrowing events, Mansoer (54) said: “There was a knock on the front door. Someone asked if we sold flowers at this house. As I opened the door, the person fired several shots. I wrestled with him and collapsed beside him outside the house.

“My mother yelled ‘You shot my son!’ from the top window of our maisonette flat. I saw the gunmen rush upstairs and fatally shoot my mother. I was shot five times – three times in the chest, once between my left-hand fingers and once between my heart and aorta. I was dead for 14 seconds and in a coma, but I survived.”

A decade later the scars remain, with Mansoer battling spinal problems and a malfunctioning lung, and he cannot use his left hand properly.

Luftie admitted that the gunmen had come with the intention of killing him.

Mansoer is among nine individuals who are part of a class action lawsuit against the South African Police Service (SAPS).

The class action lawsuit application relates to Western Cape families of those wounded and murdered by cop-smuggled firearms. It is believed that one of the 2,400 guns that were allegedly smuggled and ended up in the hands of gangsters killed Shamiela and wounded her son.

Read more: ‘We are tired of standing over open graves’ — class action lawsuit takes aim at cop-smuggled gun crimes’

Gun Free South Africa (GFSA) is driving class action proceedings, in which damages will be sought from the police minister.

The State alleges that about 2,400 firearms and an unknown amount of ammunition destined for destruction have been stolen since 2007/8. It further contends that former disgraced police colonels Christiaan Prinsloo and David Naidoo; Irshaad Laher, a self-employed businessman; and Alan Raves, a firearms collector and heritage firearms expert and inspector, allegedly smuggled the firearms to members of criminal gangs on the Cape Flats.

Read more: ‘Top cop sentenced to 18 years for flooding Cape Flats with illegal guns is out on parole after four years’

Prinsloo, who was convicted and sentenced to 18 years in 2016 on more than 20 charges of racketeering, corruption and money laundering – in which lethal weapons worth about R9-million were fed to gangsters – was paroled in April 2020.

Remembrance prayer meeting

Mansoer said: “On 13 October 2014 I lost my mother, who was not a gangster, but a community member who stood up for anyone in need of food or water at night. I live in the house where the shooting occurred, which serves as a constant reminder. You can imagine how many emotions I experience each day.”

According to Mansoer, he learnt about the stolen guns from the news, and he never talked to his brother about his work at the AGU.

“When we talk about people who were allegedly involved in gun smuggling, one feels relieved that something is finally happening. There is a glimmer of hope,” he said.

For Luftie, he would rather sleep than relive that day on 13 October.

“On 13 October 2014, I stood in the middle of the peace between Ghettos and American gangs. The Hard Livings gang stood behind me. I was the only police officer standing between these rival gangs, and I was able to broker a truce.

“When that peace was made, I received a call that there had been a shooting at my mother’s home. Yes, they came for me. I was part of a team that discovered SAPS guns were being smuggled,” he explained.

Other victims

Rashieda Andrews of Beacon Valley in Mitchells Plain and Melanie Kiel of Tafelsig in Mitchells Plain are also involved in the class action lawsuit against the SAPS.

Andrews doesn’t want to mention the name of her son, who was shot seven times and survived a shootout between rival gangs in 2013. Kiel’s son, Dudley Richards, was murdered on 2 December 2013 in the Cape Town suburb of Mitchells Plain, at the age of 17.

Andrews told Daily Maverick how her son was wounded 11 years ago.

police guns gangs Dudley Richards was shot and killed in Tafelsig on 2 December 2013. His mother, Mleanie Kiel, said she wants the guys who alleged spread the guns on the Cape Flats to go to prison. (Photo: Supplied)

“My son was at the shop. The 28s gang came looking for members of the Mongrels gang. There were no Mongrels gang members at the shop, and the 28s gang opened fire indiscriminately.

“My son was shot seven times but survived and received a second chance. We knew nothing about Prinsloo allegedly selling guns to gangsters. We didn’t find out about it until Adèle [Kirsten] from GFSA arrived and informed us. It was shocking to learn that police officers were allegedly selling these guns. I want to be there when the trial begins so that I can… get closure,” Andrews said.

Kiel said the people who distributed the guns should go to prison, and she is relieved that the two accused will finally have their day in court to answer allegations that they sold guns to gangsters on the Cape Flats.

GFSA

GFSA director Adèle Kirsten said the trial date for Laher and Raves is a critical opportunity to hold two key figures accountable for their role in contributing to South Africa’s devastating gun violence.

“It also presents a chance to expose the systemic corruption that enabled Prinsloo and his accomplices to operate undetected for seven years, paving the way for real action to both deal with the consequences of their crimes… and put measures in place to prevent future theft and corruption involving guns in police stores.

“We see the trial and the information it will reveal as paving the way for justice, and call on the government to accept responsibility for leaking 2,400-plus guns and to apologise and pay compensation to victims. This aligns with our class action’s goal of seeking justice for victims and driving the changes needed to prevent corruption in the future,” Kirsten said.

Irshaad Laher. (Photo: Gallo Images)

The State’s case

Court papers reveal that Laher and Raves are facing several counts, which include being associated with an “enterprise”, the theft of 2,000 firearms as well as an unknown amount of ammunition, which were the property of the SAPS, stealing 340 to 400 rifles as well as 15,000 to 20,000 rifle cartridges, which were the property of the SAPS, selling these firearms, and stealing 18 firearms, which were the property of the South African Defence Force.

The State alleges that the “enterprise” has existed since 2007/8 and is continuing. It further contends that the core function of this criminal enterprise was to steal firearms and ammunition destined for destruction and provide them to criminals, including the accused, for their own benefit and for the benefit of others.

The pretrial date for Laher and Raves has been set for 5 November to determine a trial date. DM

This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.

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South Africa

Remembrance prayer meeting

Other victims

GFSA

The State’s case